Case Digest (G.R. No. L-57348)
Facts:
In Francisco Depra vs. Agustin Dumlao, decided May 16, 1985 by the Supreme Court First Division, Francisco Depra owned Lot No. 685 in Dumangas, Iloilo (TCT No. T-3087, ~8,870 sq m) and Agustin Dumlao owned adjacent Lot No. 683 (~231 sq m). In 1972, Dumlao built a kitchen which encroached 34 sq m of Depra’s land. Following a relocation survey on November 2, 1972, Depra’s mother demanded removal and filed an Unlawful Detainer suit in the Municipal Court of Dumangas (Civil Case No. 1) on February 6, 1973, later amended to include Depra. The Municipal Court, finding Dumlao a builder in good faith under Art. 448 of the Civil Code, created a “forced lease” at ₱5.00 per month. No appeal ensued; Dumlao deposited rent in court. On July 15, 1974, Depra filed a Quieting of Title action in the CFI of Iloilo to recover the same 34 sq m. Dumlao pleaded res judicata. After a joint stipulation, the trial court ruled on October 31, 1974 that Depra was entitled to possess the disputed area. DepraCase Digest (G.R. No. L-57348)
Facts:
- Parties and Properties
- Francisco Depra owns Lot No. 685, Transfer Certificate of Title No. T-3087, with an area of approximately 8,870 sq. m., situated in Dumangas, Iloilo.
- Agustin Dumlao owns adjoining Lot No. 683, with an area of approximately 231 sq. m.
- Encroachment and Unlawful Detainer Action
- In 1972, when Dumlao constructed his house, its kitchen encroached upon 34 sq. m. of Depra’s lot.
- A relocation survey on November 2, 1972, confirmed the encroachment.
- On February 6, 1973, Beatriz Derla (Depra’s mother) filed an Unlawful Detainer complaint in the Municipal Court of Dumangas, later amended to include Depra.
- Municipal Court Decision
- The Municipal Court found Dumlao a builder in good faith and applied Article 448 of the Civil Code.
- It rendered a judgment creating a forced lease over the 34 sq. m. at ₱5.00 per month, payable upon finality of the decision.
- Neither party appealed; Depra refused to accept rentals, and Dumlao deposited them with the court.
- Quieting of Title Proceedings
- On July 15, 1974, Depra filed a Complaint for Quieting of Title in the Court of First Instance (CFI) of Iloilo for the same 34 sq. m.
- Dumlao admitted the encroachment but invoked res judicata, relying on the Municipal Court’s decision.
- Stipulation and Trial Court Order
- Prior to trial, the parties submitted a Stipulation of Facts, including Dumlao’s continuous possession since 1952 and his status as a builder in good faith.
- On October 31, 1974, the CFI issued an order holding that Depra is entitled to possess the disputed 34 sq. m.
Issues:
- Whether the Municipal Court had jurisdiction to impose a forced lease, and whether its decision is valid or void for lack of jurisdiction.
- Whether the Municipal Court decision operates as res judicata to bar Depra’s action for quieting of title.
- How Article 448 of the Civil Code applies in light of the parties’ Stipulation of Facts.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)